Category: Drug Offenses · Statute: F.S. 893.13(1)(a) · Source: Florida Legislature
Understanding Possession with Intent to Distribute in Florida
In Florida, possession with intent to sell, manufacture, or deliver a controlled substance under Florida Statute § 893.13 is a serious felony that elevates a simple drug possession charge to a marketing or distribution offense. To secure a conviction, the state must prove not only that you had actual or constructive possession of an illicit substance, but also that you intended to distribute it. Because direct admissions of intent are rare, prosecutors rely on circumstantial evidence. This typically includes the presence of digital scales, baggies, large amounts of cash, or the packaging of drugs into individual, uniform doses.
The severity of the charge depends on the classification of the controlled substance involved. For instance, possessing Schedule I or II drugs, such as cocaine, fentanyl, or methamphetamine, with the intent to distribute is charged as a second-degree felony, carrying a maximum penalty of 15 years in prison and a $10,000 fine. If the offense involves certain Schedule III or IV substances, it is generally classified as a third-degree felony, punishable by up to 5 years in prison. Furthermore, if the offense occurs within 1,000 feet of a specified location, such as a school, childcare facility, or park, the charge can be elevated to a first-degree felony with mandatory minimum prison sentences.
Bail and Pretrial Release for Intent to Distribute Charges
Under Florida law, individuals arrested for possession with intent to distribute are typically eligible for bail, but judges view these offenses as a threat to public safety. Consequently, standard bond schedules often set significantly higher bail amounts for intent to distribute than for simple possession. For high-volume cases or offenses occurring near schools, a judge may impose strict pretrial release conditions, such as mandatory drug testing, travel restrictions, or electronic monitoring, before allowing a defendant to secure their release through a licensed bail bondsman.